From Salon.
Thursday June 12, 2008 10:51 EDT
Supreme Court restores habeas corpus, strikes down key part of Military
Commissions Act
In a major rebuke to the Bush administration's theories of presidential
power -- and in an equally stinging rebuke to the bipartisan political
class which has supported the Bush detention policies -- the U.S.
Supreme Court today, in a 5-4 decision (.pdf), declared Section 7 of the
Military Commissions Act of 2006 unconstitutional. The Court struck down
that section of the MCA because it purported to abolish the writ of
habeas corpus -- the means by which a detainee challenges his detention
in a court -- despite the fact that Constitution permits suspension of
that writ only "in Cases of Rebellion or Invasion."
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